Case law

Miller v. LeBlanc

District Court, M.D. Louisiana · Sep 28, 2023

To meet their burden—that is, “to defeat qualified immunity”— Plaintiffs must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … The Court starts its qualified immunity analysis with the “clearly established” prong.

Jeansonne v. City of Marksville

15 La.App. 3 Cir. 298 · Louisiana Court of Appeal · Nov 25, 2015

While Defendants-did not specifically assert absolute immunity as a basis upon which to grant their exception, absolute immunity that is apparent, on the face of a petition may properly form the basis of sustaining an exception … that the finding is clearly wrong (manifestly erroneous).

State in Interest of EG

95 La.App. 1 Cir. 0018 · Louisiana Court of Appeal · Jun 23, 1995

EG's mother testified she had not taken her daughter to the doctor for her immunizations except on one occasion. … Long clinic to attend to the immunizations.

Hutchinson v. Patel

637 So. 2d 415 · Supreme Court of Louisiana · May 23, 1994

Patel's patient pursuant to an express or implied contract establishing a physician-patient relationship. … Subsection A of the statute grants a therapist immunity from liability for breach of confidentiality for warning or taking precautions to protect a clearly identified victim or victims against a threat of physical violence

Lorden v. Paramount Healthcare Consultants, LLC

16 La.App. 3 Cir. 358 · Louisiana Court of Appeal · Nov 2, 2016

The resident’s portion is established by the government. NON-SKILLED SERVICES *1176 For residents who do not qualify for Skilled Nursing services, the following provisions apply. … BORROWING EMPLOYER Appellants also argue on appeal that the record is insufficient to establish that Merryville is immune from their tort claims on the basis that it is a borrowing, or special, employer under La.R.S. 23:1031

Maze v. Garber

District Court, W.D. Louisiana · Jun 1, 2020

Qualified Immunity Finally, Garber argues that he is entitled to qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Sanchez v. TRUSTEES OF PENSION PLAN, ETC.

419 F. Supp. 909 · District Court, M.D. Louisiana · Jul 14, 1976

These assertions clearly state a cause of action under the Louisiana Trust Code, La. R.S. 9:1721 et seq. In particular, this claim fits under La. … They contest only the trustees’ factual conclusion that they, the plaintiffs, because of the nature of their employment, do not qualify as beneficiaries under the trust agreements.

Griffith v. Louisiana

808 F. Supp. 2d 926 · District Court, E.D. Louisiana · Aug 10, 2011

In addition, states may waive their sovereign immunity. Id. 1. Section 1983 Claim Congress has not abrogated the States’ sovereign immunity for claims arising under 42 U.S.C. § 1983 . Inyo County, Cal. v. … “Well settled Section 1983 jurisprudence establishes that supervisory officials cannot be held vicariously liable for their subordinates’ actions.” Mouille v.

Gwandiku v. State Farm Mut. Auto Ins. Co.

7 La.App. 3 Cir. 580 · Louisiana Court of Appeal · Jan 9, 2008

P. art. 971] before it concluded [that Pat Adams] was immune from suit; 2. … Gwandiku did not meet her burden of establishing a probability of success on her claim against Adams.

Miller v. Dicherry

251 So. 3d 428 · Louisiana Court of Appeal · May 29, 2018

Accordingly, a trial court's determination of custody is entitled to great weight and will not be reversed on appeal unless an abuse of discretion is clearly shown. Id. … . *435 The First Amendment to the United States Constitution states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ..." and is applicable to the states by virtue

Ivens & Son Machine Co. v. Parker

42 La. 1103 · Supreme Court of Louisiana · Dec 15, 1890

It is not any capital, any machinery, any property, belonging to the corporation that is entitled to the immunity, but only such as is employed in the manufacture of machinery, etc. … Exemption from taxation is an exceptional privilege which must be clearly and unequivocally established affirmatively. Exemption laws are always strictly interpreted and applied. Doubt is fatal.

Bailey v. Bolton

755 So. 2d 254 · Louisiana Court of Appeal · Sep 10, 1998

by law for qualifying for office." … that the finding is clearly wrong.

Erie v. Hunter

District Court, M.D. Louisiana · May 31, 2023

Erie’s claim on the basis of qualified immunity, arguing that Mr. … Hunter’s actions were “objectively unreasonable in the light of that then clearly established law.” Powers, 951 F.3d at 306. Ms. Hunter’s qualified immunity defense fails.

McGee v. State Ex Rel. DOTD

813 So. 2d 625 · Louisiana Court of Appeal · Mar 28, 2002

Regarding the Highway Foreman II interim position, DOTD argued, and the court agreed, that McGee did not demonstrate that he could carry his burden of proving he was clearly better qualified than the white employee who was … Therefore, DOTD contends, there was a legitimate, nondiscriminatory reason for its decision, and McGee failed to produce factual support that he was "clearly better qualified" for the position, which he would have to establish

Konrad v. Kolb

District Court, W.D. Louisiana · Aug 13, 2019

Qualified Immunity. … If Konrad can establish the violation of his constitutional right to be free of excessive force, the Court will then analyze the second element of qualified immunity, which is whether the right was clearly established

Dale v. Louisiana Secretary of State

971 So. 2d 1136 · Louisiana Court of Appeal · Oct 11, 2007

Clearly, the issuance of a preliminary injunction or order as requested in plaintiffs' prayer for relief would disserve the public's compelling interest in being allowed to choose from all qualified candidates who seek to … A contest of an election clearly envisions that an election has already occurred.

Wardens of the Church of St. Louis v. Blanc

8 Rob. 51 · Supreme Court of Louisiana · Jun 15, 1844

The vacancy is supplied as soon as a new curate is appointed and qualified, according to the established doctrine of the Catholic Church; but how, or by whom, we are not judicially informed. … a *87 full participation in the immunities ancl blessings, which such a provision was calculated to afford.

Brown v. Bihm

District Court, W.D. Louisiana · Dec 6, 2023

The doctrine of qualified immunity protects government officials from liability under § 1983 if their conduct does not violate “clearly established constitutional or statutory rights of which an objectively … A plaintiff seeking to defeat qualified immunity must show (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct.

State v. Rubbicco

550 So. 2d 219 · Louisiana Court of Appeal · Sep 14, 1989

You have to establish a relevancy with regard to this case and on the witness's credibility in this case. BY MR. DEEGAN: Your Honor, I object to Mr. Whalen's continuing character assassination when there is no ... … It is a long established policy that the secrecy of grand jury proceedings should be carefully maintained. State v.

Davies v. LeBlanc

District Court, E.D. Louisiana · Jul 8, 2020

established law,” and the official accordingly was not entitled to qualified immunity.190 The Court has found Davies’ allegations, if true, overcome the Supervisory Defendants’ defense of qualified immunity … qualified immunity.